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(영문) 서울북부지방법원 2017.07.18 2016가단23318
수익분배금 및 공사잔대금
Text

1. The Defendant’s KRW 4,00,000 as well as the annual rate of KRW 5% from June 14, 2016 to July 18, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On December 21, 2015, the Defendant entered into a construction contract (hereinafter “instant construction contract”) with the UPPD (hereinafter “SP”) on the introduction of the Plaintiff’s representative director B, whereby the construction cost is KRW 95 million with respect to the UPP (hereinafter “instant construction project”).

B. On the other hand, around February 2016, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff and the instant construction works and private persons (hereinafter “instant subcontracted works”) with the construction cost of KRW 18,490,550,00.

C. The Plaintiff and the Defendant completed both the instant construction and the subcontracted construction, and the Defendant was paid KRW 10 million out of the subcontract price of the instant case by UPPP, and on December 22, 2015, the Plaintiff received payment from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8-1, 2-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) Although the Plaintiff and the Defendant agreed to distribute 1/2 out of the profits after the completion of the instant construction work to the Plaintiff, the Plaintiff’s assertion does not pay KRW 12.5 million, 25 million. Thus, the Defendant sought payment.

(2) The Plaintiff and the Defendant entered into an agreement on the distribution of earnings solely with the descriptions of evidence Nos. 2 and 5.

It is not sufficient to recognize that the Defendant earned a profit of KRW 25 million due to the instant construction work, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

B. (1) The Plaintiff’s assertion regarding the claim for the construction cost under the instant subcontract (1) is that the Defendant paid the construction cost of KRW 10 million out of KRW 18,490,550 under the instant subcontract, and the remainder of KRW 8,490,550 is unpaid, and thus, the Plaintiff’s assertion is seeking the payment.

(2) The construction cost under the instant subcontract is determined.

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